British Expats

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-   -   Moving back to the uk on an Australian passport (https://britishexpats.com/forum/moving-back-uk-61/moving-back-uk-australian-passport-900941/)

Pika762 Aug 1st 2017 4:53 am

Moving back to the uk on an Australian passport
 
Is it worth getting a british passport to go back on or should I go back on my Australian. I was born in the UK

moneypenny20 Aug 1st 2017 6:23 am

Re: Moving back to the uk on an Australian passport
 

Originally Posted by Pika762 (Post 12306664)
Is it worth getting a british passport to go back on or should I go back on my Australian. I was born in the UK

There's no need to get one before leaving. You can, as an Australian citizen, visit the UK for six months without a visa. If you're moving back it would be cheaper (fractionally I think) to get a British Passport in the UK. If you're just going back for a holiday there's no point, however if you're going for more than a few weeks and intend to travel around Europe, I'd probably get one whilst in the UK.

mikelincs Aug 1st 2017 6:36 am

Re: Moving back to the uk on an Australian passport
 

Originally Posted by Pika762 (Post 12306664)
Is it worth getting a british passport to go back on or should I go back on my Australian. I was born in the UK

If you enter on an OZ passport you will be signed in for 6 months as a visitor, so you will then have to go through the rigmarole of changing that otherwise you might be classed as an overstayer. Simpler to get your British Passport before you gom applications are quite quick at the moment.

holly_1948 Aug 1st 2017 12:03 pm

Re: Moving back to the uk on an Australian passport
 

Originally Posted by mikelincs (Post 12306692)
If you enter on an OZ passport you will be signed in for 6 months as a visitor, so you will then have to go through the rigmarole of changing that otherwise you might be classed as an overstayer. Simpler to get your British Passport before you gom applications are quite quick at the moment.

It might (arguably) be simpler, but it isn't always quick enough to meet one's needs.
And it isn't clear exactly what, if anything, the "rigmarole" you refer to consists of.

durham_lad Aug 2nd 2017 8:14 pm

Re: Moving back to the uk on an Australian passport
 
Before deciding which country to apply from I would have a good look at the requirements and be sure you have the documents you need. I expect you will need at minimum to have a long form birth certificate plus an approved professional that can state they have known you for enough years to verify that the photos you present are a true likeness.

Our son went through this last year from the USA to get his British Passport before he comes to live in England next month. (Because his expired UK Passport had expired more than 10 years ago he had to apply as if for the first time). It took about 6 weeks.

BritInParis Aug 6th 2017 6:26 pm

Re: Moving back to the uk on an Australian passport
 
Without a British passport there is no guarantee you will be admitted entry to the UK if your intention is to live and work even if you were born in the UK. You will also find it difficult, if not impossible, to find work, open a bank account or rent a property without evidence that you are a legal resident of the UK.

HKG3 Aug 6th 2017 7:00 pm

Re: Moving back to the uk on an Australian passport
 

Originally Posted by Pika762 (Post 12306664)
Is it worth getting a british passport to go back on or should I go back on my Australian. I was born in the UK

You will need to apply for a National Insurance number once you are back in the UK if you not already have one. Please see link below for details -

https://www.gov.uk/apply-national-insurance-number

On the other hand, if you had a National Insurance number but cannot remember it, you can get HMRC to do a search for you.

https://www.gov.uk/lost-national-insurance-number

CanadianSpruce Aug 11th 2017 7:14 am

Re: Moving back to the uk on an Australian passport
 

Originally Posted by BritInParis (Post 12310795)
Without a British passport there is no guarantee you will be admitted entry to the UK if your intention is to live and work even if you were born in the UK.

That's not really true. British Citizens have the absolute right to enter the UK no matter what.

While its helpful to have a valid British passport, an expired British passport, birth certificate (if born before 1983) or nothing at all will get you in (as long as they've had a UK passport in the last 30 years or so, they can look up to see if someone is a British citizen in about 2 minutes).

In fact, a couple of times I've had to enter the UK on by Canadian passport, they've looked at the place of birth and heard my accent and haven't even stamped me in (Or asked me many, if any, questions when entering). In fact the only time I've ever been asked questions, is when I tried to enter on my valid UK passport, the immigration officer decided it didn't look much like me (picture was about 9 years old), and saw my Canadian passport in my hand and asked to see that instead.

holly_1948 Aug 11th 2017 1:32 pm

Re: Moving back to the uk on an Australian passport
 

Originally Posted by CanadianSpruce (Post 12314246)
That's not really true. British Citizens have the absolute right to enter the UK no matter what.
...

Probably.
But you can be sure that there is a gotcha in the airline contract fine print where you agree to untold expense and delays if you don't pass muster with the passport people.

Remember the story of British fascist Oswald Moseley who was refused as passport in 1937 in an attempt to prevent him from leaving UK? The option of simply declaring him to be a "terrorist" and detaining in secret without public arraignment did not exist back then. Given that there was nothing compatible with Habeus Corpus they could get him on simply just refused to issue a passport. Only when he purchased a private sailing yacht so he could leave at will without a passport did HMG relent and issue him one.

BritInParis Aug 12th 2017 11:57 am

Re: Moving back to the uk on an Australian passport
 

Originally Posted by CanadianSpruce (Post 12314246)
That's not really true. British Citizens have the absolute right to enter the UK no matter what.

While its helpful to have a valid British passport, an expired British passport, birth certificate (if born before 1983) or nothing at all will get you in (as long as they've had a UK passport in the last 30 years or so, they can look up to see if someone is a British citizen in about 2 minutes).

In fact, a couple of times I've had to enter the UK on by Canadian passport, they've looked at the place of birth and heard my accent and haven't even stamped me in (Or asked me many, if any, questions when entering). In fact the only time I've ever been asked questions, is when I tried to enter on my valid UK passport, the immigration officer decided it didn't look much like me (picture was about 9 years old), and saw my Canadian passport in my hand and asked to see that instead.

British citizens have Right of Abode in the UK, that is true, but legally the onus is on the citizen in question to provide evidence of this at the border. If you don't then the immigration officer would be within their rights to refuse entry. The officer may decide to exercise their discretion as you describe but possession of a British accent, a British birth certificate or a non-British passport stating a UK place of birth is not sufficient evidence under the relevant legislation.

Section 3(9) of the Immigration Act 1971:

"A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove it by means of—
(a)a United Kingdom passport describing him as a British citizen,
(b)a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom,
...
(e)a certificate of entitlement."

BritInParis Aug 12th 2017 12:01 pm

Re: Moving back to the uk on an Australian passport
 

Originally Posted by holly_1948 (Post 12314455)
Probably.
But you can be sure that there is a gotcha in the airline contract fine print where you agree to untold expense and delays if you don't pass muster with the passport people.

Remember the story of British fascist Oswald Moseley who was refused as passport in 1937 in an attempt to prevent him from leaving UK? The option of simply declaring him to be a "terrorist" and detaining in secret without public arraignment did not exist back then. Given that there was nothing compatible with Habeus Corpus they could get him on simply just refused to issue a passport. Only when he purchased a private sailing yacht so he could leave at will without a passport did HMG relent and issue him one.

The issue of British passports remains a Royal Prerogative. It doesn't happen very often but you have no legal right to a passport if the government decides they don't want you to have one.

https://www.gov.uk/government/public...itish-citizens

holly_1948 Aug 12th 2017 12:51 pm

Re: Moving back to the uk on an Australian passport
 

Originally Posted by BritInParis (Post 12315131)
The issue of British passports remains a Royal Prerogative. It doesn't happen very often but you have no legal right to a passport if the government decides they don't want you to have one.
https://www.gov.uk/government/public...itish-citizens

Exactly why Oswald Moseley had to buy a yacht. You don't need a passport to leave Britain if you own the ship on which you leave.

Oh and thank you for the interesting link to the FOI.

holly_1948 Aug 12th 2017 1:11 pm

Re: Moving back to the uk on an Australian passport
 

Originally Posted by BritInParis (Post 12315128)
British citizens have Right of Abode in the UK, that is true, but legally the onus is on the citizen in question to provide evidence of this at the border. If you don't then the immigration officer would be within their rights to refuse entry. The officer may decide to exercise their discretion as you describe but possession of a British accent, a British birth certificate or a non-British passport stating a UK place of birth is not sufficient evidence under the relevant legislation.
...

On the other hand the immigration officer surely has a duty to act in good faith. Which would cover the vast majority of real life situations.
Although if he is using a computer that might well work hard to make an idiot out of him or her :-)

BritInParis Aug 12th 2017 1:24 pm

Re: Moving back to the uk on an Australian passport
 

Originally Posted by holly_1948 (Post 12315162)
On the other hand the immigration officer surely has a duty to act in good faith. Which would cover the vast majority of real life situations.
Although if he is using a computer that might well work hard to make an idiot out of him or her :-)

It might be okay, it might not. There are simply too many variables at play to assume that you can enter the UK as a British citizen if you only provide an Australian passport, particular if you were born on or after 1 January 1983. There's no computerised records of every British citizen. If your last British passport expired over ten years ago or you were previously included on your parents' British passports then there may no record at all available. Given the option I would always advise to err on the side of caution and obtain a British passport if you are planning to stay in the UK rather than just visit. You'll need it once you're in the UK as evidence of your right to work, rent property, open a bank account, exchange your driving licence, etc..

bats Aug 14th 2017 12:59 am

Re: Moving back to the uk on an Australian passport
 

Originally Posted by CanadianSpruce (Post 12314246)
That's not really true. British Citizens have the absolute right to enter the UK no matter what.

While its helpful to have a valid British passport, an expired British passport, birth certificate (if born before 1983) or nothing at all will get you in (as long as they've had a UK passport in the last 30 years or so, they can look up to see if someone is a British citizen in about 2 minutes).

In fact, a couple of times I've had to enter the UK on by Canadian passport, they've looked at the place of birth and heard my accent and haven't even stamped me in (Or asked me many, if any, questions when entering). In fact the only time I've ever been asked questions, is when I tried to enter on my valid UK passport, the immigration officer decided it didn't look much like me (picture was about 9 years old), and saw my Canadian passport in my hand and asked to see that instead.


Yeah, last time I entered the uk on my Canadian passport it was pretty nasty they insisted I needed a British passport, denied that you didn't need a passport etc, etc. I wouldn't try it again


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